Up to 8 years in prison for investigative reporting: journalists sound the alarm over draft law #10242
3 December 2024 09:03
The Ukrainian media community has harshly criticized draft law No. 10242, which the Verkhovna Rada is considering in its current version. The document criminalizes the publication of confidential information from public registers. Journalists and human rights activists warn that the adoption of this law could spell the end of independent investigations in the country, "Komersant Ukrainian" reports.
“No more investigations? A draft law on liability for publishing data from closed registers is being promoted in the Rada. Imagine that investigative journalists can be imprisoned for 8 years after a story about Kunytskyi because they pointed out that, according to our data, the MP had traveled abroad. Or get a prison sentence for publishing lists of prosecutors with “disabilities” after the MSEC scandal,” the Bihus.Info team states.
It is noted that the draft law No. 10242 provides for up to 8 years in prison for making confidential information from public registers freely available to an indefinite number of people.
That is why, if the bill is passed, most investigations may be banned.
“So, it may become impossible to tell about the owner of a brand new Mercedes or Cruz among officials. Nor will it be possible to tell whether an official really left Ukraine without proper grounds. Nor is it possible to tell about ties to Russia. Although the information is of great public interest,” Bihus.Info emphasizes.
In addition, experts draw attention to the risks of prosecuting journalists for disclosing information of public interest.
“All of this resembles an attempt to create a tool to persecute journalists who report on corruption and abuse of power,” the investigators add.
The media community does not deny the need to improve the legislation, but calls for the elimination of provisions that could become an instrument of censorship and oppression of freedom of speech.
“Improving legislation is great, but definitely not when it becomes a tool for harassment,” the statement says.
Media professionals and human rights activists call on the Verkhovna Rada not to adopt draft law No. 10242 in its current version.
The statement says that under the guise of combating “data abuse,” a tool is being created that can be used to persecute journalists who cover corruption schemes or abuse of power.
“The draft law does not provide any protection mechanisms for those who disclose confidential information of public importance. Even if there is a public need for disclosure, the provisions of the Laws of Ukraine “On Information” and “On Access to Public Information”, which are designed to protect the disclosure of such information, may not be sufficient to protect journalists in courts when using the updated version of Article 361-2 of the Criminal Code,” the media professionals say.
It is noted that the transformation of such offenses into serious crimes opens up the possibility of using covert investigative actions against journalists, including wiretapping and surveillance, which significantly violates the standards for protecting information sources.
“The draft law is being promoted under the guise of fulfilling the requirements of the European Union, but its provisions contradict the principles of freedom of speech, protection of journalistic sources and whistleblowers enshrined in international documents, including the recently adopted European Media Freedom Act. We call on international organizations and human rights defenders to join the assessment of this draft law and express their position on its impact on freedom of speech in Ukraine,” the journalists call.
